"Definition for Subject-Matter", Black's Law 4th Edition:
The subject, or matter presented for consideration; the thing in dispute; the right which one party claims as against the other, as the right to divorce; of ejectment; to recover money; to have foreclosure.
"Definition for Jurisdiction", Black's Law 4th Edition:
The word is a term of large and comprehensive import, and embraces every kind of judicial action. [emphasis added]
From Tamiko,
I've been reading through your website and find it all very interesting. I however cannot afford the $397 to get Strategic Withdrawal.
My question is regarding sovereignty and how it would affect someone who is currently serving a prison sentence. Would that person if they filed all the appropriate forms be able to file for a dismissal of charges?
Answer:
Filing the rescission of contract and release of powers of appointment documents would not reverse a prison sentence.
Depending on the type of action, it is possible, however, to examine how the case against you was prosecuted, and see if all of the factors were present that need to be there to establish and maintain subject matter jurisdiction.
The four factors for subject matter jurisdiction are:
1. A damaged party claiming damage
2. A party responding against the claim
3. A law that is alleged to have been broken
4. A competent witness regarding the facts
Subject matter jurisdiction is very fragile, and can be lost at any time, if the rights of the parties are violated. Once lost, the existing court cannot regain subject matter jurisdiction over the same case.
Most cases can be reversed through "void judgment" actions, either through the lack of a competent fact witness, or through violation of due process of the parties because in general, lawyers are stupid and lazy.
Once you are free, sovereignty and knowledge of Ecclesiastical Law is well worth the effort. Please stay in contact, and look for information by Richard Luke Cornforth on the matter of "Void Judgments". His workbook and seminars are called "Secrets of the Legal Industry."
From J,
I am writing concerning my fiance. She has been sent to prison due to a plea arrangement. She was threatened and coerced by a DA who had been back peddling and avoiding our subject matter jurisdiction challenges. I proved the search warrant was bad, the police reports full of lies and contradictions the complaint had charged a different crime than that which she was booked on. The cops had lied about the search and the times and who was involved. I got the police incident logs proved them all to be lying. I had filed a 995 motion and then at the prelim the cop that testified as a third party witness perjured himself and got caught. He was the only person to testify. Long story short this case was over before it started. I was just trying to get it thrown out when the DA straight up threatened my fiance and strong armed her into entering a plea agreement. She was so scared she signed it. Two years in prison. The court is without any legal grounds to sentence her at all and I know they are without jurisdiction. She is in prison now.
My question is do I go back to the same court with a 60b motion or do I go to through the appellate court? Does the appellate court have jurisdiction since the trial court doesn't? If I go back to the same court I will get tossed out on my ear. What is a guy to do?
I really appreciate any insight or help that you could give us. She is not the prison type, I would have gone for her but they didn't want me. What do I do?
Answer:
There is a lot that I don't know about your case. For instance, was the charge a violation of city, county, state, or federal statute? What was the charge? You say that there was only one witness, and that witness perjured himself. There is a legal maxim that says that "one witness is the same as none." This comes from the Biblical Law that says that a minimum of two witnesses are required to establish a fact.
In any case, because of the multiple violations of secured rights and their own procedure, there should be enough evidence that a petition for 60b, void judgment, should hold up. You may wish to initiate a separate court case charging 60b, in a separate or higher jurisdiction than that which heard the case.
Appeals are appealing, but would be difficult in this case because of the plea bargain. Your best bet is to be able to prove that the court never acquired subject matter jurisdiction. Second best is to identify where the court obtained jurisdiction (and how) and then identify several points where the court lost jurisdiction by violation of rights of the defendant. Each and every instance of violation of a secured right causes irreparable loss of jurisdiction.
A third alternative would be a "Libel of Review" under special supplemental Admiralty Rules [Rule E(4)(F), if memory serves] in Federal court, using 28 CFR 1333 to bring the case in a local justice court, if you can find a court that is competent to hear the case. If you opt for Admiralty Rules, you might also use Admiralty Rule E(8) to put in a restricted appearance.
I am sure you already know that you should cite the act of legislature or congress whenever possible as opposed to citing state "codes," USC, or CFR. Use the state codes, when to your advantage, but do not overlook the fact that the codes are not yours, they are copyrighted and belong to the owner, whereas YOU are the owner of the acts of legislature and acts of congress.
From Fabio
Hi Jeff, I have a very serious problem in my hands.
My Girlfriend was recently charged (June 8th, 2005) with Perjury and 2nd Degree Commercial Burglary. The situation happened as so.
They say that on December 17th, 2004. She cashed a fake Walmart Payroll Check at a liquor store, and that she used her own drivers license to cash it. All of these documents being with her name on them. The clerk at the liquor store picked her out of a line up. She received a warrant notice to her residence march 25th, 2005. Went down to the courthouse and they asked her if she would like a public defender. After several minutes of me speaking to her to represent herself, she chose the P.D The judge rambled some codes and asked for the plea in this manner. Does the defendant waive her rights to an arraignment, statement, and hearing and plead not guilty. The public defendant says "yes". And the judge sets Bail at $25,000, and she gets locked up. I tried to say something to her before she entered a plea and was threatened by the court officer. It seems that she was completely bamboozled into entering a plea when they did not establish subject matter jurisdiction prior to the fact. I need to know what I can do in this situation, she is currently in custody of the state and awaiting her court date on the 22nd of June.
Answer:
When she took a public defender, and did not tell the public defender exactly what to say, she is pretty much at the mercy of the public pretender.
She needs to send a letter to the court saying that she has fired the public pretender, and enter a plea of NO waiver of anything, ESPECIALLY no waiver of speedy trial. Then, and only then, can anything that she says be heard by the judge.
